LAW ON CIVIL AVIATION /New/

Draft 2025.09.05

LAW ON CIVIL AVIATION

/New/

CHAPTER ONE.

GENERAL PROVISIONS

Article 1. Purpose of the Law

1.1. The purpose of this Law is to establish the legal basis for civil aviation activities in Mongolia, regulate relations aimed at operating aircraft in the airspace of Mongolia, ensuring aviation safety, protecting aviation from unlawful interference, and ensuring the fulfillment of obligations assumed by the Chicago Convention and other conventions to which Mongolia is a party.

Article 2. Laws on Civil Aviation

2.1. The laws on civil aviation shall consist of the Constitution of Mongolia, this Law, and other laws and rules enacted in conformity with them.

2.2. If an international treaty, to which Mongolia is a party, provides otherwise than in this Law, the provisions of the international treaty shall prevail.

2.3. Where a matter is not provided for under the laws of Mongolia but is governed by an international treaty to which Mongolia is a party, the provisions of that treaty shall apply.

Article 3. Sovereignty

3.1. Mongolia has complete and exclusive sovereignty over the airspace above its territory.

3.2. Citizen of Mongolia has a public right to transit through the navigable airspace of the country in accordance with the relevant rules and standards.

3.3. Foreign aircraft shall obtain permission from the relevant authorities to fly in the airspace of Mongolia.

Article 4. Scope of Application

4.1. This Law shall apply to the following areas:

4.1.1. Civil aviation activities of Mongolia;

4.1.2. Activities of civil aircraft in the territory of Mongolia and flying in its airspace;

4.1.3. Activities of civil aircraft of Mongolia located in the territory of a foreign country, unless otherwise provided for by the law of that country.

4.1.4. Providing air navigation services to a state aircraft operating in the airspace of Mongolia, except to those flights related to combat missions.

Article 5. Definitions of Terms

5.1. The terms used in this Law shall have the following meanings:

5.1.1. “airway” means a portion of navigable airspace that limited in height and width for the safe operation of aircraft;

5.1.2. “aeronautics” means the science of building, repairing or maintaining and operating (or flying) of aircraft;

5.1.3. “aeronautical products” means aircraft, including aircraft engines, parts, materials and software, fuel, etc. used for aircraft;

5.1.4. “air navigation services” means air traffic management, communication, navigation, surveillance, aeronautical information, aeronautical meteorological and search and rescue services provided during all phases of flight;

5.1.5. “navigable airspace” means the part of the atmosphere above the minimum flight altitude, including the take-off and landing area of an aircraft;

5.1.6. “commercial air transport” means the air transport activities of an air operator’s certificate holder that engages in transporting of passengers or goods or both by air for remuneration or reward, other than aerial work, business charters, and transportation operations performed by passenger aircraft with a passenger capacity of up to 30 passengers or cargo aircraft with a payload of up to 3,000 kilograms;

5.1.7. “air operator’s certificate” means a document certifying the legal person’s ability to conduct air operations for remuneration or reward;

5.1.8. “air carrier” means an air operator’s certificate holder that has entered into a contract of carriage of passengers or cargo by air for remuriration or reward;

5.1.9. "aircraft" means a device capable of sustaining its flight by interacting with air, rather than by interacting with air reflected from the earth's surface. Aircraft as defined in this Law is generally understood to mean airplane, rotorcraft, and other civil aircraft capable of carrying people;

5.1.10. “aircraft commander” means the pilot who controls the aircraft and responsible for its navigation and safety;

5.1.11. “air accident and incident” is as defined in Annex 13 to the Chicago Convention;

5.1.12. “air accident investigation department” means a body authorized to investigate air accidents and incidents in accordance with Annex 13 to the Chicago Convention;

5.1.13. “aerodrome” means an area or structure established on land or water for the take-off, landing and surface movement of aircraft;

5.1.14. “aerodrome safety zone” means a certain area of land, water surface and airspace determined when establishing an aerodrome based on the essential requirements for ensuring flight safety;

5.1.15. “Safety recommendation” means a document issued by the Air accident Investigation Department for the purpose of preventing air accidents and incidents  in the future by analysing safety investigations or studies from the various sources;

5.1.16. “dangerous goods” means objects and substances specified in the Technical Instructions that, when transported by air, may cause significant harm to human health, property, the environment and flight safety due to their characteristics;

5.1.17. “aircraft in distress” means an aircraft or an aircraft in a situation that may endanger its occupants or that requires emergency assistance;

5.1.18. “crew member” means a person assigned to perform duties on board an aircraft during a flight;

5.1.19. “State of registry” means the State in which the aircraft is registered;

5.1.20. “Certificate” means a document issued by the Agency, Director or relevant other authority certifying that the holder of the certificate has met the requirements specified in applicable Law and Rules;

5.1.21. “Director” means:

5.1.21.1. the Director and Deputy Director of the Civil Aviation Safety Agency appointed under this Law; and

5.1.21.2. an inspector or examiner authorized to exercise the powers of the Director under this Law or any other person, to which Director has delegated his/her authority, to exercise the powers of safety surveillance, certification, inspection, examination or assessment;

5.1.22. “passenger” means, in the case of a commercial flight, a person traveling on an aircraft under a contract of carriage; in the case of non-commercial flights, a person other than a pilot who is on board an aircraft;

5.1.23. “air operator” means a holder of an air operator’s certificate issued under this law;

5.1.24. “fixed base operator”means a business serving to private aircrafts and charter air operators with fuel, terminal and other services;

5.1.25. “ICAO” means the International Civil Aviation Organization established by the Chicago Convention;

5.1.26. “civil aviation rules” means the civil aviation safety rules developed for the purposes of regulating civil aviation activities in line with the standards and recommended practices speciafied in the Annexes to the Chicago Convention;

5.1.27. “inspector” means an employee of the Civil Aviation Safety Agency, who is authorized to conduct inspections of civil aviation products and activities, and has a power to enforce this law and rules, standards made under this law and issue certificates. Inspector includes part-time inspector, senior inspector, state inspector general;

5.1.28. “airspace” means the navigable airspace over the territory of Mongolia, including the safe take-off and landing spaces for aircraft;

5.1.29. “aerial work” means agricultural, construction, photography, research, observation and patrolling, search and rescue, advertising and other services performed by aircraft;

5.1.30. “flight” means, for the purposes of the flight operations, an event, where aircraft starts movement for purposes of taking off until it lands on the ground and comes to a complete stop;  for the purpose of liability of an air carrier, an event that occurs between embarkation and disembarkation of a passenger;

5.1.31. “Aviation personnel” means the following personnel involved in civil aviation operations:

5.1.31.1. pilot, navigator, flight engineer, aircraft dispatcher;

5.1.31.2. aircraft maintenance technician, aircraft repairman;

5.1.31.3. air traffic controller, flight information officer;

5.1.32. “safety” means the condition in which risks associated with civil aviation or directly affecting  the operation of aircraft, are reduced to an acceptable managed level;

5.1.33. “security” meanssafeguarding civil aviation against acts of unlawful interference. This objective is achieved by a combination of measures and human and material resources;

5.1.34. “airport” means an aerodrome and a complex of air transport service facilities certified in accordance with civil aviation rules;

5.1.35. “airworthiness” means the condition in which an aircraft, engine, propeller and its components comply with the type certificate and safety requirements;

5.1.36. “international flight” means a flight that crosses the airspace of two or more States;

5.1.37. “point of entry or exit” means a geographical location where a State border is crossed by air;

5.1.38. “Minister” means a Member of the Government responsible for civil aviation;

5.1.39. “State aircraft” means an aircraft used for military, police or customs purposes;

5.1.40. “overflight” means an international flight that flies between the points of entry and exit without landing on the territory of Mongolia;

5.1.41. “Chicago Convention” means the Convention on International Civil Aviation and its Annexes;

5.1.42. “Investigator in-charge” means a qualified investigator appointed to lead, supervise and perform an investigation;

5.1.43. “Inverstigation” means the activity of collecting and analyzing information for the purpose of preventing an air accident, determining the cause and contributing factors, and, where necessary, issuing safety recommendations;

5.2. Other terms used in civil aviation operations are defined in civil aviation rules, relevant international treaty documents, and dispute resolution cases in the courts.

CHAPTER TWO.

CIVIL AVIATION SAFETY AGENCY

Article 6. Civil Aviation Safety Agency

6.1. In order to meet objectives of this law and ensure the timely implementation of Chicago Convention and its Annexes, to regulate future technical and technological developments timely manner, to prevent the public from potential accidents and incidents related to civil aircraft, and to ensure aviation safety at reasonable costs, the Civil Aviation Safety Agency (hereinafter referred to as the “Agency”) shall be established.

6.2. The activities of the Agency shall be supervised and directed by the Minister. In doing so, the Minister shall delegate to the Agency sufficient powers for exercising the powers and duties assigned to it by law, and shall provide sufficient financial resources to carry out its activities with no interruption.

6.3. The Agency shall be headed by the Director of Civil Aviation (hereinafter referred to as the “Director”). The Director shall be appointed and dismissed by the Prime Minister, and the Director shall be responsible to the Minister for the implementation of this Law.

6.4. The Director shall assume all responsibilities assigned to the Agency by this Law, exercise the powers granted by law, and resolve issues related to personnel of the Agency. The Deputy Director of Civil Aviation (hereinafter referred to as the “Deputy Director”) shall be appointed and dismissed by the Minister. The term of office of the Director and Deputy Director shall be 3 years and may be extended for one additional term.

Article 7. Functions of the Agency

7.1. The Civil Aviation Safety Agency is an independent professional agency responsible for implementation of the standards and recommended practices of the International Civil Aviation Organization in Mongolia. Therefore, the Civil Aviation Safety Agency shall be exempted from the funding and human resource related requirements applicable to other Government organizations. 

7.2. The Agency’s legal framework, organizational structure, and operating procedures shall conform to the regulatory principles and guidance recommended by the International Civil Aviation Organization.

7.3. The Agency has following functions:

7.3.1. To promote civil aviation safety and security in Mongolia;

7.3.2. To contribute to establishing, implementing, operating, delivering, monitoring, investigating, and enforcing the regulation of civil aviation system;

7.3.3. To promote civil aviation safety and security beyond Mongolia in accordance with Mongolia’s international obligations;

7.3.4. To investigate aviation safety occurrences as regulator and take corrective actions if necessary.

7.3.5. To notify the Aircraft Accident and Incident Investigation Department of any aircraft accident or incident reported to the Agency.

7.3.6. To maintain the Mongolian Aircraft Register and the civil aviation records.

7.3.7. To collaborate with relevant service providers on collecting of information for charts and publishing, and distributing of aeronautical charts;

7.3.8. To collect, prepare, exchange and distribute information related to the civil aviation, and cooperate with other persons in this regard;

7.3.9. To cooperate with International Civil Aviation Organization, government organizations and other bodies on matters of regulating of civil aviation;

7.3.10. To enter into contracts and agreements with other parties within the limits specified by law;

7.3.11. To facilitate the exercise of powers and duties assigned to the Director, State Inspector General, and other persons acting under delegated authority.

7.3.12. To exercise any other powers conferred by law.

Article 8.  Director of Civil Aviation

8.1. The Director shall be appointed with regard to fitness for efficient discharge of powers and  duties vested in and imposed by this Law.

8.2. The Director shall exercise the powers granted by this Law and the Civil Aviation Safety Agency and shall be responsible to the Minister for results of his works.

8.3. A person to be appointed as the Director shall have sufficient management and industry experience in the field directly related to civil aviation. 

8.4. The Director shall have no monetary interests in, nor shall the Director own shares or bonds of any aeronautical enterprise, nor shall the Director engage in any other business, vocation, or employment. 

8.5. The Director has and may perform or exercise:

8.5.1. The powers, functions, and duties conferred directly by this Act and other applicable laws;

8.5.2. Any additional powers and duties delegated by the Minister under this or other legislation.

8.6. Without limiting subsection 8.5, the Director’s functions and powers include - 

8.6.1. Providing leadership within the Agency in relation to those matters for which the Agency or Director is responsible;

8.6.2. Exercising control over entry into, activities within, and exit from the civil aviation system through aviation documents or other related instruments;

8.6.3. Monitoring and investigating of the performance and competence of participants in the civil aviation system;

8.6.4. Monitoring, inspecting, and enforcing compliance with civil aviation laws and regulations;

8.6.5. Reviewing and evaluating the performance of any person responsible for regulatory functions within the aviation system;

8.6.6. Issuing safety warnings, reports, or guidance, or making comments on civil aviation matters;

8.6.7. Collaborating with government agencies, local authorities, and aviation participants, and provide advice and assistance as needed.

8.7. The Director’s independents functions are to -

8.7.1. Issue, suspend, revoke, and impose conditions on aviation documents;

8.7.2. Grant exemptions from regulatory requirements in accordance with this Act;

8.7.3. Carry out enforcement powers conferred on the Director under this or any other law.

8.8. In exercising the independent functions set out in subsection 8.7:

8.8.1. The Director shall act independently and make all decisions without external direction.

8.8.2. The Minister or any other official shall not issue directions to the Director in relation to the performance of these independent statutory functions.

Article 9. Deputy Director and State Inspector General 

9.1. The Deputy Director of Civil Aviation shall be the State Inspector General.

9.2. A person to be appointed as the Deputy Director and State Inspector General shall have a higher education in aeronautical sciences and have sufficient industry experience directly related to the air transport. 

9.3. The Deputy Director shall have no monetary interests in, nor shall own shares or bonds of any aeronautical enterprise, nor shall engage in any other business, vocation, or employment . This restriction does not apply to enter into contracts for maintaining of validity of pilot certificate or ratings, provided that the Minister appoves such contract and the conflict of interest rules followed.

9.4. The Deputy Director shall be responsible for the following matters:

9.4.1. To act as Director in Director’s absense within the limits provided by the legislation and to exercise the powers allowed to him/her;

9.4.2. To approve Agency’s operational documents such as regulatory procedures, certification handbooks, rule application methodical instructions, advisory circulars, and inspection checklists;

9.4.3. To approve aeronautical charts used for air navigation;

9.4.4. If necessary, to issue, suspend, revoke and cancel all types of aviation certificates and permits;

9.4.5. To select civil aviation inspectors, designated examniners and other persons to whom Director may delegate his/her authority under this law;

9.4.6. To approve training programs for the Agency's inspectors and employees for maintaining and improving their qualifications to the recommended by ICAO levels, and to supervise the implementation of such training activities;

9.4.7. To take administrative actions specified in Article 77 of this Law on behalf of the Director;

9.4.8. To maintain relations with ICAO, to exchange information, and handle the notification of compliances with and differences from international standards and recommended practices, if any;

9.5. In the absence of the Deputy Director, his/her powers shall be exercised by the Director of Flight Standards Inspectorate.

Article 10. Agency Employees and Delegation of Authority 

10.1. The Director may delegate authority to inspectors, employees, examiners, consultants, lawyers and other persons exercising authority for the purpose of implementing this law and achieving the objectives set before the Agency. The instrument of delegation of authority may be an appointment or a contract.

10.2. No inspector, employee and lawyer of the agency may have monetary interests, nor shall own shares, bonds or other securities of any aeronautical enterprise.  

10.3. No inspector, employee and examiner may participate in the inspection and certification activities of an organization without submitting a declaration on conflict of interest, if they have a contract for maintaining of their airman certificate and rating’s validity with that organization.

10.4. The aviation safety inspector shall exercise the following powers:

10.4.1. To have unrestricted access to aircraft operating in Mongolia at any time for the purpose of inspection;

10.4.2. To have unrestricted access to all buildings and facilities related to the operations of the aviation certificate holders at any time for the purpose of inspection;

10.4.3. To request information, research, explanations, specifications, and other documents necessary for the certification and inspection from relevant individuals and legal entities;

10.4.4. To detain aircraft if necessary. This power shall not be exercised for enforcing of patent or property disputes;

10.4.5. If deemed necessary, suspend the validity of any certificate or permit held by any person.

10.4.6. Other powers delegated by the Director.

10.5. It is prohibited for any official to interfere with the conclusions made by inspector or examiner.

10.6. An inspector acting in good faith and within the scope of official duties shall be exempt from civil or criminal liability; however, any fault or misconduct shall be subject to internal disciplinary proceedings in accordance with applicable by-laws of the Agency.

Article 11. Funding principles of the Civil Aviation Safety Agency

11.1. The Agency shall have the necessary funding to continuously carry out its functions under this Law.

11.2. Funding of the Agency’s activities shall originate of the following sources:

11.2.1. fees for aircraft registration, aviation personnel certificates and ratings, and civil aviation certificates, permits, approvals and Agency conducted inspection, examination;

11.2.2. three percent of the air navigation charges collected from overflights;

11.2.3. following user fees levied on commercial air transport operations:

11.2.3.1. a user fee equivalent to ten units for each fare-paying passenger on international departing and arriving flights;

11.2.3.2. a fee equivalent to two units for each fare-paying passenger on a domestic flight;

11.2.4. sources of state or other organization funded projects and programs;

11.2.5. proceeds from sale or lease of Agency’s assets;

11.2.6. revenues from consulting and aviation safety training services provided by the Agency;

11.2.7. other revenues related to the Agency's intellectual property rights.

11.3. The Agency’s designated examiner may charge for their own services at the rate agreed by the Agency.

11.4. If the Agency's revenue exceeds the necessary costs of aviation safety regulation, the difference shall be accumulated in the Civil Aviation Development Fund; and if there is a deficit, the difference shall be financed from the Civil Aviation Development Fund.

11.5. The funding and expenditure of the Agency's activities, except for participation in activities subject to State secrets, shall be transparent.

11.5. The fees specified in paragraph 11.2.1 of this Article shall be paid to the Agency when applying for a civil aviation certificate, rating, or other authorization.

11.6. The Minister shall allocate the specified in paragraph 11.2.2 of this Article portion of the air navigation charges through the Civil Aviation Development Fund.

11.7. The fee payable by fare-paying passengers specified in paragraph 11.2.3 of this Article shall be collected by the air operator and shall be paid to the Agency on a monthly basis.

Article 12. Flight Standards Inspectorate

12.1. The Director shall have the authority to establish within the Agency a Flight Standards Inspectorate unit, which shall include the following functions for assisting the Director in the certification and inspection of aircraft, airmen, and flight operations:

12.1.1. Airworthiness Inspection;

12.1.2. Flight Operations;

12.1.3. Aviation Personnel Certification; and

12.1.4. Aviation Medical.

12.2. The Flight Standards Inspectorate shall be provided with the equipment and facilities necessary for carrying out assigned functions and tasks effectively. 

12.3. The number of inspectors and examiners of Flight standards inspectorate shall be determined solely based on the number of aircraft, air operators, and aviation personnel to be inspected, examined and certificated.  

12.4. If the Director deems it necessary, a branch of the Flight Standards Inspectorate may be established at a selected airport. The Director may assign the aerodrome and aviation security inspectors to join the branch. 

Article 13. Training of inspectors and examiners

13.1. The Agency shall have a training program for its inspectors, examiners and employees. 

13.2. The Agency shall, within a reasonable time after appointment or designation, train its inspectors, examiners and employees to a level that meets the competency standards recommended by ICAO.

CHAPTER THREE.

SAFETY REGULATIONS

Article 14. Civil Aviation Rules and Exemptions from Rules

14.1. The Civil Aviation Rules shall be developed to ensure the timely introduction of international aviation safety standards and recommended practices in Mongolia, to implement government policies, and to assist in the development goals of the industry. The rules shall cover the following issues:

14.1.1. Definitions and abbreviations of terms used in civil aviation regulatory documents;

14.1.2. Development and approval of civil aviation rules and exemptions from rules, notifying the differences from the Annexes to the Chicago Convention;

14.1.3. Investigation and analysis of aviation safety occurrences, enforcement of law and rules;

14.1.4.  Design standards and operational, maintenance and repair requirements for aircraft and aeronautical products, continuing airworthiness;

14.1.5. Professional requirements for aviation personnel, aeromedical standards, training programs, training institutions and training equipment, and requirements for instructors;

14.1.6. General operating rule, airspace design, and requirements for other flying devices, dangerous goods handling rules;

14.1.7. Requirements for air operators, air transportation activities, foreign air operators, and aerial works;

14.1.8. Requirements for aerodromes and aerodrome maintenance, aviation security related rules, and non-state-owned navigation equipment;

14.1.9. Issues related to the designated representatives of the Director, the procedure for delegation of authority, and fees for civil aviation safety certification services;

14.1.10. Safety issues specially legislated in this Law that to be regulated by the Civil Aviation Rules and other issues that might emerge in the future as result of new technologies or updates made in international standards and recommended practices.

14.2. The format, language, and numbering of Civil Aviation Rules shall be harmonized with similar rules and regulations of the ICAO member States.

14.3. The Civil Aviation Rules shall be approved by the Director.

14.4. The Civil Aviation Rules shall be amended, revised or created in the following cases:

14.4.1. As soon as practical after amendments or revisions to the Annexes to the Chicago Convention are made;

14.4.2.  When the investigation and analysis reports of accidents, serious incidents, incidents, and occurrences have determined the necessity of rule changes;

14.4.3. When the Government policy changes over certain issues of civil aviation and there is a need to reflect that changes;

14.4.4. at Director’s own motion. The proposed rule change or rule creation by the Director should not cause the deterioration of aviation safety or increase costs and administrative burdens on the aviation industry without significant safety benefits.

14.5. The Director has the right to issue Emergency Rules and Special Rules to regulate urgent or transitional issues of aviation safety. The procedures for issuing emergency or special rules shall be specified in the Civil Aviation Rules.

14.6. The Director may require to follow advisory circulars, orders, directives and other technical documents the same way as the rules themselves.

14.7. If the language of the civil aviation rules is not explicitly prohibited, and the requirements can be fulfilled by other acceptable means and that is not adversely affect aviation safety, the Director may exempt aircraft, aviation products, aerodromes, air operators and aviation personnel from the requirements in question for a limited period of time, with certain conditions. 

14.8. The Director shall publish his/her decision on exemption from rules and make it available to the public.

Article 15. Right of Access for Inspection

15.1. The Director shall have access to civil aircraft operating in Mongolia and associated documents without restriction, for the purposes of determining that those aircraft are airworthy and are being operated in accordance with this Law, with rules issued under this Law and with applicable Annexes of Chicago Convention;

15.2. The Director shall have access to civil aircraft registered in Mongolia without restriction, wherever such aircraft is operated in the world, for the purposes of determining that those aircraft are airworthy and are being operated in accordance with this Law, with applicable orders, rules, directives, and other requirements;

15.3. The Director shall be authorized to access to Air Operators and other aviation documents holder entities at any place and any time to conduct any test or inspections in order to determine that those operations are conducted in accordance with this Law and applicable orders, rules, directives and requirements;

15.4. The Director shall be authorized access to aerodromes, air navigation service facilities, hangars, approved maintenance organizations, workshops, ramps, fuel storage facilities, cargo loading and handling areas, and aviation training organization facilities in Mongolia.

Article 16. Authority to Prevent Flight

16.1. The Director may order the aircraft not to be used for flight if he/she has reasonable belief that the following situations have arisen: 

16.1.1. The aircraft may not be airworthy;

16.1.2. The pilot and fight crew may be physically and/or mentally unfit to fly;

16.1.3. The flight is likely to cause harm to persons or property on the ground.

16.2. The Director has the power to detain an aircraft and crew specified in Article 16.1 of this Article.

Article 17. Amendment, Suspension or Revocation of a Certificate

17.1. The Director may, if he deems it necessary, re-inspect civil aircraft, aircraft engines, propellers, other parts and equipment, air operators, approved training organizations, approved maintenance organizations and other certificate holders, and holders of aviation personnel certificates.

17.2. If, as a result of the re-inspection, it is determined that there is a situation which may cause a damage to the aviation safety or commercial air transport, as well as the public interest, the Director may issue an order to amend, alter, suspend or revoke in whole or in part any aviation personnel certificate, air operator’s certificate, approved training organization’s certificate, approved maintenance organization certificate or other certificate issued under this Law.

17.3. Except in urgent circumstances, before deciding to amend, alter, suspend or revoke a certificate, the Director shall explain the reasons for the decision to be made to the certificate holder and provide an opportunity to respond with the explanation.

17.4. If a decision of the Director specified in Article 17.2 of this Law affects the certificate held by any person, that decision may be appealed to the Administrative Court.

17.5. Unless the Director takes urgent action on the grounds of immediate harm to aviation safety, all certificates affected by the decision of the Director shall remain valid until the appeal procedure specified in Article 17.4 of this Law is completed and a court decision is made.

Article 18. Use of Foreign Languages in the Regulatory and Operational Activities

18.1. To avoid safety risks arising from translation errors, English should be used as the basis for understanding aviation terminology in civil aviation regulatory and operational activities.

18.2. In order to ensure that civil aviation regulatory activities are consistent with ICAO practices, all regulatory procedures, checklists, inspection and testing materials should be permitted to be produced in English.

18.3. Technical and technological documents used in civil aircraft maintenance and operations may be used in English or in a language of the aircraft manufacturer’s State.

18.4. English or Mongolian language shall be used in air-ground radio communications between aircraft and air traffic controllers, and in exceptional cases there may be used other languages in which both sides can communicate fluently.

18.5. Pilots and air traffic controllers using international radio communications shall have demonstrated that they are capable of communicating in English at the operational or higher level.

18.6. The inspector of the Civil Aviation Safety Agency shall have the English language skills required to perform the activities specified in paragraph 18.2 of this Article.

18.7. The executive management of organizations engaging following activities shall have adequate level English language skills required for efficient supervision of the compliance with the national and international safety standards:

18.7.1. civil aviation safety; 

18.7.2. civil aviation security;

18.7.2. air navigation services;

18.7.3. international air services;

18.7.4. international airport.

18.8. An air operator or other aviation organization may produce its operating manuals in English. If the manuals are in English, the operator or organization shall ensure that the personnel using them have sufficient English language skills to use the manuals correctly.

18.9. The assessment of English language proficiency specified in this article shall be determined by the results of an internationally recognized official test.

Article 19. Validation of Foreign and Previous Certificates

19.1. The Director may substitute his/her duty to conduct certain inspections and examinations by verifying and recognizing foreign certificates or other aviation documents, provided that:

19.1.1. The foreign State issuing the certificate is a Party to the Chicago Convention and has fulfilled its obligations under the Chicago Convention regarding the issuance and validity of the certificate.

19.1.2. If a foreign country has received from ICAO safety audit the significant safety concern warning, any certificate issued by the aviation authority of that country shall be suspended from validation or recognition until such situation is changed.

19.2. The Agency may outsource the inspection, examining, and testing work necessary for issuing of certificate that it cannot perform internally to another State that is capable of performing it under the delegation arrangement.

19.3. Certificates and licenses issued before the entry into force of this Law shall be considered as valid as certificates issued under this Law. 

Article 20. Aircraft Registration

20.1. It is prohibited to operate aircraft in Mongolia that are not registered in Mongolia or in Foreign State.

20.2. The type of aircraft to be operated with a standard airworthiness certificate must be recognized in Mongolia before being registered in Mongolia.

20.3. If the aircraft is not registered in a foreign country and is owned or leased from a foreign owner by the following persons, it may be registered in Mongolia:

20.3.1. A citizen of Mongolia;

20.3.2. An individual who has obtained the right of permanent residence in Mongolia;

20.3.3. A legal entity established in Mongolia in accordance with the law and carrying out its main business in the territory of Mongolia, and more than 51 percent of the ownership of which is owned by a citizen of Mongolia;

20.3.4. A government organization of Mongolia.

20.4. A foreign-owned aircraft registration fee shall be levied on foreign-owned aircraft registered in Mongolia. This fee shall be collected annually by the Agency and used for safety oversight activities.

20.5. If the Director determines that the aircraft meets the requirements for registration in Mongolia, he shall issue an Aircraft Registration Certificate.

20.6. If the Director determines that it is in the public interest, he/she may temporarily or permanently remove the aircraft from the registration.

20.7. In cases other than those specified in Article 20.6 of this Law, the aircraft may be removed from the registration when the following conditions are met:

20.7.1. The owner of the aircraft has requested to transfer the aircraft out of national jurisdiction to another State;

20.7.2. The airworthiness of the aircraft has been permanently lost due to accident or other reasons and cannot be restored.

20.8. Aircraft registered in Mongolia shall be subject to the jurisdiction of Mongolia. The aircraft registration certificate shall not be considered a document confirming ownership of the aircraft.

Article 21. Airworthiness of Aircraft

21.1. The Director has the authority to accept the type certificate and the supplemental type certificate for the aircraft to be operated in Mongolia.

21.2. The possessor of an aircraft registered in Mongolia may apply to the Director for an airworthiness certificate for that aircraft.

21.3. If inspection finds that the aircraft meets the design requirements for aircraft type or category the one of following categories of airworthiness certificate shall be issued to the aircraft inspected. These include:

21.3.1. Standard Certificate of Airworthiness, which certifies that the airworthiness standard has been met;

21.3.2. Special Certificate of Airworthiness, which certifies that the standard for certain category aircrafts has been met;

21.3.3. Limited Certificate of Airworthiness, which certifies that civil aircraft, which were manufactured before the establishment of ICAO and aircraft used for military purposes may be used for private and air show flights;

21.3.4. Experimental Certificate of Airworthiness, which certifies that aircraft is not fully comply with airworthiness standards, but may be used for private or experimental flight purposes;

21.3.5. Export Certificate of Airworthiness, which certifies that aircraft registered in Mongolia are airworthy for export to another country;

21.4. The Certificate of Airworthiness shall indicate its validity period, the type of operation of the aircraft and the classification, limitations and other information necessary to ensure safety.

21.6. A Special Flight Permit may be issued to an aircraft with no certificate of airworthiness for conducting of technical flight. 

21.7. The Director may enter into an agreement with the State of Registry or the State of Operator, which has acceded to Article 83bis of the Chicago Convention, on division of responsibilities of safety oversight over an aircraft.

21.8. The Director shall determine the conditions and requirements for issuing an aircraft radio station certificate.

Article 22. Environmental protection

22.1. An aircraft, the type of which is accepted in Mongolia under paragraph 21.1 of this Law, shall meet the environmental impact standards specified in Annex 16 of the Chicago Convention.

Article 23. Air Operator’s Certificate

23.1. A person specified in paragraph 23.2 of this Article who is intending to engage in air operations for payment may apply for an Air Operator’s Certificate to the Director.

23.2. The Director is authorized to issue an Air Operator’s Certificate to a citizen of Mongolia or a legal entity with at least 51 percent of private ownership by the State of Mongolia or citizens of Mongolia that meets the requirements of this Law and the relevant Civil Aviation Rules. 

23.3. An air operator certificate shall be valid until suspended, cancelled or revoked by the Director.

23.4. The requirements for a foreign air operator applying to operate regular air services to Mongolia shall be established by the Civil Aviation Rules.

Article 24. Aviation Personnel Certificates

24.1. No person may perform any professional activity specified in this Law and Civil Aviation Rules unless they hold a valid certificate authorizing them to do so. 

24.2. The Director is authorized to issue an aviation personnel certificate and rating in accordance with the requirements established by the Civil Aviation Rules.

24.3. The Agency issued aviation personnel certificates shall be the following:

24.3.1. student pilot certificate;

24.3.2. sport pilot certificate;

24.3.3. private pilot certificate;

24.3.4. commercial pilot certificate;

24.3.5. air transport pilot certificate;

24.3.6. flight instructor’s certificate;

24.3.7. ground instructor’s certificate;

24.3.8. aircraft dispatcher’s certificate;

24.3.9. aircraft mechanic’s certificate;

24.3.10. aircraft repairman certificate;

24.3.11. air traffic controller certificate;

24.3.12. flight navigator’s certificate;

24.3.13. flight engineer’s certificate;

24.3.14. remote pilot certificate.

24.4. When issuing professional certificates and ratings to aviation personnel other than student pilots, the knowledge and skills required by civil aviation rules shall be examined and evaluated.

24.5. Director may recognize the results of some examination taken in institutions other that the Agency, if he/she finds the examining and testing standard of that institution meets the requirement of the Civil Aviation Rules.

24.6. If the person taking the professional examination copies from others or from materials prohibited from use during the examination, or influences or attempts to influence the examinee, the examination shall be considered failed and the right to request a re-examination shall be revoked for 6 months.

24.7. A professional certificate shall meet the following requirements:

24.7.1. be numbered and registered with the Director;

24.7.2. contain the name and address of the certificate holder and, if necessary, a basic biometric information;

24.7.3. have a designation indicating the privileges granted to the aviation personnel.

Article 25. Medical Certificate

25.1. A pilot, an air traffic controller license holder, and any other personnel subject to medical requirements under the Civil Aviation Rules shall hold a valid medical certificate of the class specified in the Civil Aviation Rules while exercising their duties. Certain categories of light aircraft and drone pilots may be exempted from this requirement under criteria established by the Civil Aviation Rules.

25.2. The procedure for issuing a medical certificate shall be as follows:

25.2.1. The designated medical examiner shall examine the applicant’s health status against the medical standards and if confirmed compliance, issue a medical certificate. 

25.2.2.  A designated senior medical examiner or assessor shall assess the examination results referred to in paragraph 25.2.1, and, if necessary, incorporate their own findings to determine whether the applicant meets the medical standards. If the applicant is found to meet the standards, a medical certificate may be issued. The Agency’s aviation medical inspector is authorized to act an assessor.

25.2.3.  An aviation medical inspector may perform a risk assessment of an applicant whose health condition deviates from certain parameters of the medical standards. If the assessment determines that the deviation does not adversely affect flight safety, a medical certificate may be issued. However, if it is determined that the applicant’s health condition poses a high probability of risk to flight safety, a decision shall be made to deny issuance of the medical certificate.

25.2.4. The medical certificate issued by the designated medical examiner or the designated senior medical examiner is subject to review by the Agency within 60 days of date of issuance;

25.3. A designated medical examiner, senior designated medical examiner, and aviation medical inspector shall hold a valid medical practitioner’s license issued by the administrative authority responsible for medical practitioner licensing. 

25.4. The privileges of a pilot or air traffic controller or flight crew member certificate  and its associated ratings shall not be exercised in the following cases:

25.4.1. without holding a valid medical certificate of the appropriate class;

25.4.2. there are reasonable grounds to believe that the health condition of the certificate holder may adversely affect flight safety during the performance of duties;

25.4.3. the holder fails to comply with conditions, limitations, or restrictions established by the  designated examiner  or assessor when issuing the medical certificate.

25.5. An applicant for a medical certificate shall not knowingly provide false medical information, nor falsify examination or diagnostic documents required for medical certification.

25.6. An applicant applying for a medical certificate for the first time shall obtain an assessment from the Mental Health Center. For recurrent medical certification, the employer shall monitor the medical certificate holder’s mental and psychological condition. For pilots engaged in private or single-pilot operations, if deemed necessary, a designated medical examiner or aviation medical inspector may require an assessment from the Mental Health Center.

25.7.  The Director shall have full authority, either independently or in cooperation with relevant authorities or the employer, to conduct or require testing of a medical certificate holder for alcohol or drug use at any time.

25.8. The Agency shall be responsible the record security of the sensitive personal information protected by privacy and medical professional laws.

Article 26. Approved Training Organization

26.1. The Director may issue an approved training organization certificate to an organization that demonstrates capability to provide training related to the flight operation, maintenance, repair, modification, and inspection of aircraft and aeronautical products, based on evaluation of its training program, airworthiness of aircraft, instructors, training devices and training environment.

26.2. Simulators may be approved for use separately for maintaining the qualifications of pilots and air traffic controllers and for emergency training without an approved training organization certificate, as specified in paragraph 26.1 of this Article. In such cases, training shall be conducted in accordance with the training program approved by the Agency.

26.3. Notwithstanding paragraph 26.1, a holder of a flight instructor certificate who owns a single-engine light aircraft with four or fewer seats may conduct sport or private pilot training under a Director-approved training program. 

26.4. Notwithstanding paragraph 26.1, a certified aircraft mechanic  or repairman with appropriate qualification may conduct on-the-job training for a person in an approved maintenance organization or repair station.

Article 27. Approved Maintenance Organization and Repair Station 

27.1. The Director may issue an approval to an approved maintenance organizayion certificate or approved repair station certificate to an organization or person that applies to perform maintenance, repair, modification, or inspection of aircraft and aeronautical products, provided they have adequate equipment, facilities, materials, and procedures consistent with manufacturer-approved methods, and employs appropriately qualified personnel.

27.2. The accountable manager of an approved maintenance organization serving aircrafts operating international flights shall hold an aeronautical science degree and meet the language proficiency requirements specified in Article 18.

27.3. An Air Operator’s Certificate holder may conduct line maintenance of its aircraft in accordance with an approved maintenance program, without obtaining of a certificate specified in paragraph 27.1 of this Article. 

27.4. The pilot of an aircraft with a maximum takeoff weight below 5,700 kilograms may perform preflight maintenance under an approved maintenance program.

Article 28. Authority and Responsibilities of the Aircraft Commander

28.1. In the event of an emergency situation during flight, the aircraft commander shall have the authority to take decisions deviating from the Civil Aviation Rules if such deviation is necessary to reduce or eliminate the risk arising from the situation.

28.2. The aircraft commander shall have the final authority to make all decisions related to the conduct of the flight for the purpose of ensuring the safety of the aircraft, the crew, and passengers.

28.3. If the aircraft commander takes a decision deviating from the Civil Aviation Rules under the emergency circumstances referred to in paragraph 28.1 of this Law, he/she shall immediately notify the Air Navigation Services Agency of such action.

28.4. It is prohibited for the aircraft commander to conceal or fail to report any emergency situation that occurred during the flight.

28.5. The aircraft commander shall have the authority to take, or to require other crew members to take, necessary measures to restrain or prevent the actions of any passenger whose behavior may endanger flight safety.

28.6. If, during flight within the airspace of a foreign State, the aircraft becomes subject to interception or compulsion to land, the aircraft commander shall comply with the instructions communicated by the competent authority of that State through radio communication or signals given from the intercepting aircraft.

28.8. A pilot conducting an emergency medical flight who, for the purpose of saving human life, makes a decision deviating from prescribed procedures or rules, and whose actions do not result in harm to human life, health, or property, shall be exempted from liability for such violation.

28.8. The aircraft commander is responsible for maintaining the flight logbook specified in Article 33, Section 33.1.6 of this Law.

Article 29. Drone Operations 

29.1. No drone shall be flown higher than 120 meters above ground or water level without authorization from the Air Navigation Services Organization. 

29.2. No person without a valid remote pilot certificate shall operate a drone for hire or reward.

29.3. Any person intending to operate a drone within the airspace of an airport or other navigable airspace shall obtain authorization from the Air Navigation Services Organization.

29.4. The drone operator shall be responsible for ensuring that the operation of the drone does not cause harm to the life, health, or property of others. If the drone operator is a minor and below the legal age of liability, such responsibility shall be borne by his or her parent or legal guardian.

Article 30. Dangerouse goods 

30.1 An air operator intending to transport dangerous goods by air shall develop procedures covering the identification, classification, storage, carriage, and other matters related to dangerous goods. Such procedures shall be submitted to and approved by the Director before the operator is granted authorization to transport dangerous goods.

30.2 If an air operator does not intending to transport dangerous goods by air, it shall nevertheless develop and have approved by the Director procedures for identifying, segregating, refusing, and returning dangerous goods that may be offered for carriage.

30.3 A pilot conducting private flight from a private aerodrome may carry firearms and sharp instruments on board without special authorization only for self-protection against wild animals when making an emergency landing in remote areas, provided that such firearms are registered and permitted by the police authority and is consealed during the flight.

30.4 The use of firearms on board a civil aircraft during flight is strictly prohibited.

30.5. The Director shall approve the list of dangerous goods and other items prohibited from being carried on board aircraft.

Article 31. Special Mission Flights

31.1. The procedures for special mission flights conducted for State visits or official missions by high-ranking State officials under special State protection, using civil aircraft, shall be jointly approved by the Secretary of the National Security Council and the Minister.

31.2. The air operator conducting a special mission flight shall be responsible for the preparation, readiness, and safety of such flight.

31.3. Only turbine-powered aircraft shall be used for special mission flight. Single-engine aircraft that have utilized less than seventy-five percent (75%) of the time between overhaul of the engine may be used for such flights. Helicopters used for special mission flights shall be twin-engine.

31.4. An official travelling on a special mission flight shall not issue any command or instruction to the flight crew that may adversely affect flight safety or create risk.

Article 32. Fatigue Management

32.1. A pilot shall not fly more than 30 hours per week, 100 hours per 28 consecutive days, or 1,000 hours per year. 

32.2. Each air operator, approved maintenance organization, and approved training organization and the air navigation service organisation, aviation security services organization shall establish a fatigue management program.

Article 33. Documents to Be Carried on Board of Aircraft

33.1. The following documents shall be carried on board an aircraft during flight:

33.1.1. Certificate of registration of the aircraft;

33.1.2. Radio station license;

33.1.3. Certificate of airworthiness or special flight permit;

33.1.4. Valid certificate for each flight crew member;

33.1.5. Valid medical certificate or equivalent document for each person required to hold one;

33.1.6. Aircraft journey logbook.

33.2. For air transport operations, the aircraft shall additionally carry the following documents:

33.2.1. Passenger manifest; and/or

33.2.2. Cargo manifest;

33.2.3. Certified copy of the Air Operator ‘s Certificate;

33.2.4. Copy of the operations specifications of the Air Operator’s Certificate relevant to the aircraft;

33.2.5. Evidence of compliance with applicable aircraft emision standards.

Article 34. Cost-Sharing in Private and Club Flights

34.1. In private flights, the direct cost of the flight may be shared with passengers, provided that the pilot or aircraft owner covers not less than fifty percent (50%) of such costs.

34.2. For aircraft used by flying clubs, the direct costs of familiarization flights or training flights with ultralight aircraft may be shared with club members or persons participating in familiarization activities. If the flying club provides flight training services to non-members of the club or to non-ultralight aircraft, it must have obtained an approved training organization certificate.

34.3. A pilot who does not hold a valid air transport pilot certificate or commercial pilot certificate is prohibited from acting as a pilot in a flight operation for payment or compensation, except aerial survey, photography, patrol or search and rescue support activities.

Article 35. Adventure Flying Activities

35.1. The operation of hot air balloons, parachutes, paragliders, hang-glider and other ultralight aircraft shall be conducted only during a daytime.

35.2. Any person participating in adventure flying activities shall be deemed to have voluntarily accepted the risks associated with such activities. Participants must have an accident insurance coverage.

35.3. Adventure flying activities shall be conducted in a manner that does not endanger other aircraft in flight, persons or property on the ground, or unique natural formations.

CHAPTER SEVEN

ECONOMIC REGULATIONS

Article 36. Office of Aviation

36.1. The Minister responsible for civil aviation shall establish an Office of Aviation under his or her authority to develop State policy in civil aviation, exercise sovereign rights over national airspace, facilitate economic capabilities required for safety, lead air services relations, protect consumer rights, ensure coordination within the civil aviation sector, and administer financial matters related to civil aviation.

36.2. The Office of Aviation shall be funded by zero point five (0.5) percent of the air navigation service charges collected from overflights.

Article 37. Civil Aviation Development Fund

37.1. A Civil Aviation Development Fund shall be established within the Office of Aviation.

The Fund resources shall be used, in accordance the approved budget, to ensure timely funding of the following civil aviation organizations and functions:

37.1.1. Office of Aviation;

37.1.2. Civil Aviation Safety Agency;

37.1.3. Air accident Investigation Department;

37.1.4. Air Navigation Services Organisation;

37.1.5. Development of civil aviation infrastructure;

37.1.6. Training of civil aviation personnel;

37.1.7. Research and development for civil aviation, 

37.1.8. Funding of international consulting services for Mongolian civil aviation;

37.1.10. Subsidizing of essential air services.

37.2. The Office of Aviation shall manage the Civil Aviation Development Fund.

37.3. The Minister shall serve as the Chief Administrator of the Civil Aviation Development Fund.

Article 38. Powers of the Office of Aviation

38.1. The Office of Aviation shall exercise the following powers:

38.1.1. Study international aviation related treaties to which Mongolia may join and assist to the Minister in monitoring the implementation of international treaties to which Mongolia is a party;

38.1.2. To coordinate the issues of intergovernmental air services agreements, and to assist the Minister in this regard;

38.1.3. Ensure an economically efficient environment for air transport operations;

38.1.4. Improve accessibility of air transport;

38.1.5. Ensure that air carriers have sufficient financial capability to maintain flight safety;

38.1.6. Prevent unfair competition and protect consumers from the effects of natural or artificial monopolies;

38.1.7. Protect the rights and interests of passengers, consignors, and consignees.

38.1.8. to manage and distribute air navigation service charges collected from overflights in accordance with the law and rules;

38.1.9. to ensure and monitor the implementation of the policy determined by the State on civil aviation;

38.1.10. to organize and monitor the implementation of tasks assigned by the Minister

38.1.11. exersize of ownership and management rights and responsiblities of state-owned airports

38.1.12. exercise of ownership representation of other state-owned organizations in the civil aviation.

38.2. The regulatory standards specified in paragraph 38.1 shall be established under this Law and the Economic Regulation Rules approved by the Minister.

Article 39. Economic Regulation Rules

39.1. The Economic Regulation Rules shall govern the following matters:

39.1.1. Designation of air carriers for international scheduled air services;

39.1.2. Granting of permits to foreign air carriers;

39.1.3. Air carrier liability;

39.1.4. Registration and regulation of aircraft leasing;

39.1.5. Contracts of carriage by air;

39.1.6. Fares and tariffs;

39.1.7. Concession rates;

39.1.8. Carriage of postal items;

39.1.9. Overbooking of capacity;

39.1.10. Passenger check-in procedures;

39.1.11. Requirements for providing subsidies for essential air services;

39.1.12. Mobilization of air operators under law, compensation to aircraft owners;

39.1.13. Prohibition of discrimination in air transport on the basis of disability;

39.1.14. Charges for monopoly air navigation services;

39.1.15. Civil Aviation Development Fund;

39.1.16. Service charges for state and locally owned airports;

39.1.17. Aviation security service fees

39.1.18. Statistical reporting

39.1.19. Other matters defined to be regulated by the order of the Minister.

39.2. If it is determined that public interest will not be harmed, the Minister may temporarily exempt an air carrier from certain requirements of the Economic Regulation Rules.

Such exemption shall apply equally to all air carrier and shall not provide preferential treatment or advantage to any individual carrier.

Article 40. Designation for International Air Services

40.1. The Minister shall designate an air carrier to operate international scheduled passenger air services for the specific market. Unless otherwise provided in air services agreements or related treaties, such designation shall have no time limit.

40.2. All cargo services, charter operations, and domestic air transport activities shall not require a special designation or authorization.

40.3. Any person whose rights or lawful interests are affected may submit a request to the Minister to suspend, amend, or revoke a designation granted under paragraph 40.1.

Such a request shall not be made for the purpose of restricting access of a new carrier to an international route.

40.4. The Minister shall not unreasonably suspend or revoke a designation granted under paragraph 40.1 in a manner that exposes investors to unjustified financial risk.

40.5. A designation to operate international air services shall not be transferable to others.

Article 41. Liability of Air Carriers

41.1. An air carrier shall be responsible to passengers, consignors, and consignees for the safe and timely carriage of persons, baggage, and cargo.

41.2. For international carriage, the limits of liability shall be governed by the international treaties to which Mongolia and the destination State are both parties.

41.3. For domestic air transport, the limits of liability shall be as follows:

41.3.1. For death or bodily injury of a passenger caused by an accident or incident involving the aircraft during flight – one hundred thousands (100,000) payment units per passenger;

41.3.2. in the event of loss or damage to cargo during the flight, ten (10) payment units per kilogram of the cargo, if  the value has not been declared;

41.3.3. in the event of loss or damage to baggage during the flight, one hundred (100) payment units shall be paid to the passenger , if the value has not been declared;

41.3.4. if the value of cargo or baggage has been declared, the carrier shall be entitled to an additional payment and the limit of liability shall be determined by the declared value at the time of handing over the cargo or baggage for carriage, regardless of the actual value of the item.

41.4. In the event of a death or  bodily injury to a passenger as a result of an air accident, the carrier shall, within fifteen (15) calendar days after identification of the victim, make an advance payment equal to fifteen percent (15%) of the liability limit specified in paragraph 41.3.1, without prejudice.

41.5. Every air carrier shall maintain insurance for air carrier liability.

41.6. The air carrier shall insure its flight crew members against death or injury. Compensation for crew members shall not be less than that payable to passengers.

42.7. For the purposes of disputes related to liability, definitions and cases of international private aviation law shall be used as a basis for interpretation in court and other proceedings.

Article 42. Competition in Air Transport

42.1. Except for subsidized essential air services, domestic air transport fares and tariffs shall not be regulated by the State.

42.2. Air carriers operating on the same route shall not fix the prices for the same products.

42.3. Competition shall not be restricted on routes other than those operated for essential air services obligations or newly established routes supported by Government policy. The limitation on competition for new routes shall not exceed thirty-six (36) months from the start of initial operations.

42.4. An air carrier shall not, without valid reason, refuse to provide maintenance, training, ground handling, catering or fuel supply services they have to a competitor who requires such services, nor charge prices above market value to raise competitors’ costs.

42.5. An air carrier shall not advertise its products by directly comparing or naming its competitors or their products.

Article 43. Air Carrier Ownership and Employment

43.1. At least fifty-one percent (51%) of the ownership of a Mongolian air carrier shall be held by Mongolian citizens or by a Mongolian-registered legal entity in which Mongolian citizens or the State collectively hold not less than fifty-one percent (51%) ownership shares.

43.2. An air carrier shall notify the Minister of any changes affecting its ownership structure.

43.3. Not less than seventy-five percent (75%) of the aviation personnel employed by an air carrier shall be Mongolian citizens.

Note: This provision shall take effect on January 1st, 2036.

43.4. Not less than seventy-five percent (75%) of pilots and aircraft maintenance personnel shall be permanent employees of the air carrier under employment contracts.

The employment period for contract-based flight crew shall not exceed thirty-six (36) months.

Article 44. Authorization for Foreign Air Carriers

44.1. A foreign air carrier intending to operate flights to or from Mongolia shall obtain authorization from the Minister.

44.2. The Minister may grant such authorization if the following requirements are met:

44.2.1. The applicant meets the requirements of this Law and the Civil Aviation Rules and holds a valid Foreign Air Operator Certificate;

44.2.2. The applicant has been designated by its State under the terms of an air services agreement with Mongolia and is competent to conduct such operations.

44.3. The Minister may suspend or revoke an authorization if the holder violates this Law, the Civil Aviation Rules, or any conditions or limitations of the authorization.

44.4. Foreign air carriers are prohibited to engage in domestic air transport (cabotage) within Mongolia.

Article 45. Contacts of Carriage

45.1. Terms, conditions, and fares of contracts of carriage concluded within the territory of Mongolia shall be made publicly available, clear, and easily accessible to consumers through the vendor’s website. If no website is available, the vendor shall provide the passenger with the terms and conditions prior to concluding the contract.

45.2. The terms and conditions of air transport contracts shall comply with the requirements of the Economic Regulation Rules.

CHAPTER FIVE

AIR NAVIGATION SERVICES

Article 46. National Air Navigation Services 

46.1. Air navigation services within the airspace of Mongolia shall be provided by a State-owned Air Navigation Services organization.

46.2. The executive mananegment of the Air Navigation Services organization shall be appointed by the Minister. The executive management shall meet the following qualification requirements:

46.2.1. A Chief Executive  Officer who has held an aviation personnel certificate or communication and navigation technician certificate for not less than five (5) years;

46.2.2. A Chief Operating Officer who has held a air traffic controller certificate or communications/navigation technician certificate for not less than five (5) years.

46.3. The executive management shall be appointed and relieved from duties concurrently and the persons to be appointed shall not have same profession.

46.4. Employees of the Air Navigation Services organization shall be citizens of Mongolia. An exception may be made only when conducting aviation events organized in special use airspace where demonstration flights of foreign aircraft are carried out.

Article 47. Organizational Structure of the Air Navigation Services Organization

47.1. The Air Navigation Services organization shall operate at minimum with the following units:

47.1.1. Communications and navigation equipment and technical maintenance unit;

47.1.2. Air traffic management unit;

47.1.3. Flight procedures design unit;

47.1.4. Meteorological services for aviation unit;

47.1.5. Aeronautical information services unit;

47.1.6. Other auxiliary units necessary to maintain the readiness of air navigation infrastructure.

Article 48. Self-regulation of the Air Navigation Services Organization

48.1. The Director may grant the authority of self-regulation under Chicago Convention, relevant Annexes and Documents and national legislations  to the Air Navigation Services organization, and may select and appoint persons from staff members of the air naviation service organization to exercise that power. If the exercising of that delegated authority is deemed insufficient, the Director shall appoint a person from the Agency for oversight and regulation duties  and the costs associated with that appointment shall be borne by the Air Navigation Services organization.

48.2. The scope of oversight and regulation shall include:

48.2.1. Communications and navigation equipment and their technical maintenance;

48.2.2. Air traffic control and air traffic management;

48.2.3. Flight procedures design;

48.2.4. Meteorological services for aviation;

48.2.5. Aeronautical information services;

48.2.6. Cerificates and ratings for flight information officer;

48.2.7. Certifications and ratings for communications and navigation technician;

48.2.8. Certification of training organizations that prepare and train air traffic controllers, flight information officers, and communications/navigation technicians.

48.3. Communications/navigation equipment that is not owned or leased by the Air Navigation Services organization shall be certified by the Civil Aviation Safety Agency.

48.4. The Air Navigation Services organization shall be funded from air navigation service charges and other operational revenues in accordance with a budget approved by the Minister.

48.5. Radio frequencies used for air navigation services shall be protected from external interferences.

48.6. Where a communications system used for air traffic services becomes inoperative, information essential for ensuring flight safety and for the immediate control of air traffic shall be transmitted by priority over available public communications media without impediment.

48.7. Communications/navigation equipment used for approach, landing and departure operations in the aerodrome vicinity may be owned by the aerodrome owner. 

48.8. The Air Navigation Services organization shall maintain an integrated aeronautical database for Mongolia, containing aerial, suface, obstacle and aerodrome mapping and related aeronautical data.

48.9. When an aircraft is in flight, officess of the Air Navigation Services organization assigned to provide services to that aircraft shall not refuse to provide such services, nor intentionally turn off equipment.

48.10. Before the aeronautical information provided by the aeronautical information service unit specified in Article 47.1.5 of this Law is released to the public, it shall be reviewed and approved by the regulatory authority representative appointed by the Director as specified in Article 48.1 of this Article. The Air Navigation Service Organization shall be responsible for the accuracy of the information.

Article 49. Use of Airspace 

49.1. Aircraft registered in Mongolia, owned or operated by Mongolian air operators, or Mongolian citizens are entitled to receive air navigation services.

49.2. The Office of Aviation shall legalize the foreign aircraft operations within Mongolian airspace; then the Air Navigation Services organization shall provide air navigation services ensuring safe separation standards.

49.3. Foreign citizen or legal entity intending to operate in Mongolian airspace shall inform the intended operation to the air traffic flow management unit of the Air Navigation Services organization in advance and shall obtain flight permission.

49.4. An aircraft entering or exiting Mongolian airspace shall obtain border crossing clearance from the Air Navigation Services organization.

49.5. The Air Navigation Services organization shall refuse to provide service or to authorize flight for any aircraft detained or restricted by the Director or the Civil Aviation Safety Agency in accordance with this Law.

Article 50. Offending Aircraft

50.1. An aircraft that has violated the rules for entry and exit through the State Border or has crossed the State Border line without the appropriate permission from the competent authorities is considered a offending aircraft.

50.2. The Air Navigation Services organization shall notify the Chief Military Command of an offending aircraft and shall require the aircraft’s flight crew to immediately cease the infringement or to land at a designated location.

50.3. Except where there is obvious and imminent risk of serious danger to national security, the use of weapons against an offending civil aircraft shall be strictly prohibited.

50.4. If an aircraft registered in Mongolia or operated by a Mongolian air operator violates the airspace of a foreign country, the aircraft shall comply the orders given by the competent authority of that country or the intercepting aircraft given through radio communication or signals.

Article 51. Assistance to Aircraft

51.1. The Air Navigation Services organization shall, in accordance with procedures, notify relevant authorities of any aircraft in distress within the territory of Mongolia.

51.2. Assistance, search and rescue and relief operations for aircraft in distress or involved in accidents within Mongolia shall be carried out jointly by the aircraft owner or operator and the competent authority of the State of registry, and with agencies responsible for disaster relief and emergency response.

51.3. Local authorities, enterprises and citizens shall immediately notify relevant authorities of air accidents, and shall take measures to save human life, provide medical and other necessary assistance, and protect the aircraft and its documents.

Article 52. Distress Signals

52.1. Internationally recognized distress signals shall be used in search and rescue operations for an aircraft in distress or accident.

Article 53. Search and Rescue

53.1. Information concerning an aircraft in distress or involved in an accident shall be treated as top priority.

53.2. Upon receipt of information concerning an aircraft in distress or accident, the competent authority shall immediately organize search and rescue operations.

53.3. Aerodrome operators, local administrations, enterprises and citizens shall take measures to rescue crews and passengers, and to provide medical and other urgent assistance.

53.4. A decision to terminate search operations for a missing aircraft shall be made by the Government.

Article 54. Air Navigation Service Charges

54.1. Air navigation services, as a justified by safety reason natural monopoly, shall be non-profit. The imposition of revenue-generating plans inconsistent with this non-profit requirement is prohibited.

54.2. The Minister shall determine the types and levels of air navigation service charges in accordance with the Economic Regulation Rules.

54.3. Charges for air navigation services provided to an aircraft landing in or taking off from Mongolian territory shall be retained and used by the Air Navigation Services organization.

54.4. Charges for air navigation services rendered to overflying aircraft that do not land in Mongolia shall be centralized into the Civil Aviation Development Fund and allocated in accordance with a Minister-approved budget and distribution plan.

54.5. The account for transferring air navigation service fees shall be publicly available.

54.6. From overflying charter flight performend by  a foreign aircraft, the air navigation service charges shall be collected in advance.

Article 55. Exemptions from Air Navigation Service Charges

55.1. The following shall be exempt from air navigation service charges:

55.1.1. Aircraft registered in Mongolia with a maximum takeoff weight not exceeding 5,700 kilograms;

55.1.2. Non revenue-generating training, practice and test flights;

55.1.3. Air ambulance flights;

55.1.4. Disaster relief flights;

55.1.5. Humanitarian flights conducted at the request of the Government or international organizations;

55.1.6. Flights for calibrating, testing or checking air navigation equipment;

55.1.7. Search and rescue, and accident assistance flights and special flights transporting victims’ relatives, where such flights are chartered for that purpose;

55.1.8. Special mission flights requested by a competent authority;

55.1.9. Essential air servises flights receiving subsidies from the Civil Aviation Development Fund.

CHAPTER SIX 

AERODROMES AND AIRPORTS

Article 56. Airports and Aerodromes

56.1. Aerodromes served for scheduled air transport operations by aircraft with seating capacity of thirty (30) or more passengers shall be certified in accordance with this Law and the Civil Aviation Rules.

56.2. Airport and aerodrome service providers are responsible for ensuring flight safety by equipping the aerodrome with equipment appropriate to its purpose and in compliance with this Law and Annex 14 of the Chicago Convention.

56.3. Local authorities shall, upon recommendation of the Civil Aviation Safety Agency, reserve land for an aerodrome where a permanent settlement has a population of five thousand (5,000) or more.

56.4. For aviation safety, the Civil Aviation Safety Agency shall designate safety zones around aerodromes. 

56.5. It is prohibited to place signs and light signals similar to aviation signs on the ground around an aerodrome.

56.6. Within an aerodrome’s safety zone, construction of structures taller than those authorized by the Civil Aviation Rules, and activities that attract birds or otherwise increase risk, are prohibited.

Article 57. Ownership of Airports and Aerodromes

57.1. Airports and aerodromes that are jointly used with State aviation shall be State owned.

57.2. Aerodromes and airports established to serve capital, provincial or other administrative center needs may be under local government, or private, or joint ownership.

57.3. Citizens and legal entities may establish and own aerodromes, airports or air stripes.

57.4. Within the safety areas of airports referred to in Articles 57.1 and 57.2, certified air operators, fixed base operators, aircraft maintenance organizations, training organizations and other entities providing direct flight services may construct and own passenger or cargo terminals, hangars and other facilities. 

57.5. To facilitate aviation services, harmonize schedules, centralize airport fees, exchange experience, and economy on maintenance equipment and costs, State and local airports may form an Airport Federation. Private airports and aerodromes may join the Federation. The Airport Federaion rule is subject to review by the Office of Aviation. 

57.6. It is prohibited to change the designated purpose or to decommission a paved runway aerodrome established with State investment without written consent of the Minister.

57.7. Airports, certified and uncertified aerodromes, registered air strips and their protected areas, and structures therein shall be fully exempt from State and local land and property taxes.

57.8. Authorization to use an airport for public use shall be granted by the Minister. The holder of such authorization shall provide non-discriminatory services to civil aircraft.

57.9. The airport owner shall reserve land within the protected area for facilities for operations, maintenance and air traffic services. Facility plans shall be approved by the Civil Aviation Safety Agency. Facilities on private-use aerodromes and landing strips established on private land for private needs may be constructed without prior Agency approval, provided they do not adversely affect flight operations; the landowner is responsible for ensuring no negative impact.

Article 58. Airport Service Fees

58.1. The types of service fees and fee setting methodology at State and local airports shall be determined in accordance with the Economic Regulation Rules. Except where monopoly status under Article 58.2 applies, private airports shall set their own service fees.

58.2. Where an international airport is determined by the competent authority to hold a monopoly position in the market, the Office of Aviation shall set the level of service fees.

58.3. Aircraft registered in Mongolia with maximum takeoff weight under 5,700 kg that pay the following annual fees to the Airport Federation shall be entitled to use member aerodromes without additional fees:

58.3.1. Aircraft up to 600 kg MTOW — one thousands (1,000) payment units per year;

58.3.2. Aircraft 601–2,500 kg MTOW — three thousands (3,000) payment units per year;

58.3.3. Aircraft 2,501–5,700 kg MTOW — five thousands (5,000) payment units per year.

Article 59. Prohibition on Closure of Aerodrome Operations

59.1. An aerodrome or airport that has declared readiness for public use in the Aeronautical Information Publication shall not refuse to provide services to aircraft or close for operations except for reasons that actually affect flight safety.

Article 60. Facilitation of State Services at International Airports

60.1. The Government shall designate airports as international airports.

60.2. At designated international airports, border control, immigration, customs and quarantine services shall meet the requirements set out in Annex 9 to the Chicago Convention.

CHAPTER SEVEN

AVIATION SECURITY

Article 61. Aviation Security Services

61.1. Aviation security services at international airports shall be provided by an aviation security service organization certified under the Civil Aviation Rules. Aviation security at domestic aerodromes should be established where a risk assessment indicates a real security threat.

61.2. The aviation security service organization shall implement the relevant parts of the Government-approved National Civil Aviation Security Program.

61.3. The aviation security service organization shall have the power to detain persons who violate security laws and regulations with the intent of handing them out to competent law enforcement authorities.

Article 62. Security Screening

62.1. The aviation security service organization shall conduct security screening of persons and items boarding aircraft on international flights to detect firearms, explosives and other items prohibited for carriage by air.

62.2. A person who refuses to undergo a security screening required under this Law shall be refused from being carried by air.

62.3. Where an aerodrome lacks an aviation security unit, the air operator may conduct security screening under its approved security program.

Article 63. Protection of Aviation Facilities

63.1. Airports and air navigation facilities may be protected by aviation security service organization.

63.2. The Director shall determine the list of aerodromes and air navigation facilities requiring security services.

63.3. The facilities and office buildings containing safety sensitive information, documents and evidence of accidents and other safety occurrences produced and collected by the Civil Aviation Safety Agency and the Air Accident Investigation Department shall be protected by the aviation security services organization. The costs of these protections shall be covered from the Civil Aviation Development Fund.

Article 64. Integrity of the Flight Deck

64.1. No person shall enter the flight crew compartment of an aircraft during flight without the permission of the aircraft commander.

64.2. On passenger carrying commercial air transport flights, at least two crew members must be present in the flight crew compartment at all times.

Article 65. Unruly Passengers

65.1. A crew member may take safety measures to secure a passenger who during flight has committed, or attempted to commit, an act that may endanger safety. Such measures shall be proportionate to the threat and shall not create undue risk to flight safety.

65.2. Procedures for securing unruly passengers under Article 65.1 shall be jointly approved by the Minister and relevant authorities.

65.3. An air carrier may refuse further carriage, include on a blacklist, or impose restrictions on a passenger who has committed in-flight disruptive acts that endangered flight safety.

Article 66. Restriction on Employing Foreign Nationals

66.1. Foreign nationals and stateless persons shall not be employed by the aviation security service organization.

Article 67. Security Service Charges

67.1. Aviation security services shall be non-profit.

67.2. A charge, covering the cost of providing security screening, shall be levied on passengers subject to security screening. The Office of Aviation shall set the level of such charges in accordence with the Economic Regulation Rule.

67.3. Where multiple legal entities participate in providing of security services, the security charge may be allocated between them according to contractual arrangements. The mere participation of multiple entities shall not justify an increase of security charge.

CHAPTER EIGHT

AIR ACCIDENT AND INCIDENT INVESTIGATION

Article 68. Air accident Investigation Department 

68.1. The Air accident Investigation Department shall investigate air accidents and serious incidents occurring within the territory of Mongolia and, where appropriate, other incidents.

68.2. The primary purpose of an investigation is to prevent future similar occurrences; it shall not be to apportion blame or liability.

68.3. The Air accident Investigation Department shall fall under the authority of the Minister, but investigations and their conclusions shall be independent and autonomous. The Minister shall approve the rules for investigating of air accidents, collecting evidence, and producing reports and issuing recommendations.

68.4. The Air accident Investigation Department shall have an adequate budget to conduct investigations within the powers granted by this Law. The budget shall be approved by the Minister and may be financed from Civil Aviation Development Fund as required.

68.5. Where an aircraft registered in Mongolia is involved in an accident or serious incident outside Mongolia, participation in the investigation shall be carried out in accordance with international agreements. Only the Air Accident Investigation Department or its accredited representative shall act on behalf of Mongolia.

68.6. No other Government body shall conduct investigations for the purposes of Annex 13 of the Chicago Convention.

68.7. Nothing in Article 68.6 shall prevent law enforcement or other authorities from conducting investigations or criminal inquiries under other legal grounds.

68.8. The Air Accident Investigation Department shall collect, record, classify and analyze information related to accidents and incidents, determine causes and contributing factors, and issue investigation reports.

68.9. Where necessary, the Air Accident Investigation Department may issue safety recommendations at any stage of the investigation or based on the final report.

68.10. An investigator of the Air Accident Investigation Department shall not be compelled to give evidence in criminal or administrative proceedings relating to accidents and incidents.

68.11. The Air Accident Investigation Department shall be equipped with necessary protective clothing, equipment, communications and transport to perform their duties at accident sites.

Article 69. Conduct of Investigations

69.1. The aircraft owner, operator, aircraft commander, crew members, aerodrome and air navigation service personnel shall immediately inform accidents and incidents to the Air Accident Investigation Department as soon as it practicable.

69.2. Upon receipt of information, the Air Accident Investigation Department shall launch the investigation without delay.

69.3. Evidence relating to an aircraft involved in an accident or incident shall be preserved by its custodian and other relevant parties until the investigation is completed or until directed otherwise by the Air Accident Investigation Department. This obligation does not apply to urgent measures required to save human life.

69.4. In the event of an accident on Mongolian territory, citizens, local authorities, police and defence units shall promptly provide assistance required by the Air accident investigation department.

69.5. Where an accident results in fatality, the intelligence and police services and the Air accident investigation department shall cooperate as follows:

69.5.1. The intelligence service shall investigate whether the accident resulted from terrorism or acts against national security;

69.5.2. The police shall investigate whether the accident resulted from intentional acts other than those covered by 69.5.1;

69.5.3. The Air accident investigation department shall investigate whether the accident resulted from unintentional acts or other factors;

69.5.4. Investigations and inquiries under 69.5.1–69.5.3 may proceed concurrently and evidence shall be shared;

69.5.5. Where intentional acts are determined, criminal investigations shall be continued by the competent law enforcement authority;

69.5.6. The securing and recovery of evidence at the accident site shall be carried out under the supervision of the Air Accident Investigation Department.

Article 70. Powers of the Chief Investigator

70.1. The Air accident investigation department shall be led by a Chief Investigator who reports to the Minister.

70.2. The Chief Investigator shall exercise the following powers:

70.2.1. Appoint investigation staff and investigators;

70.2.2. Appoint on-site investigation teams for accidents and incidents;

70.2.3. Coordinate support for investigation activities and liaise with other organizations;

70.2.4. Monitor the conduct of investigations, issue preliminary recommendations, and approve final reports, protect of the evidence and the records of investigations;

70.2.5. Request competent authorities to secure accident sites;

70.2.6. Release from custody aircraft or components no longer required for investigation;

70.2.7. Issue safety recommendations based on reports of similar aircraft types used in Mongolia that had accidents abroad;

70.2.8. Ensure conditions necessary for effective investigation;

70.2.9. Manage the Air Accident Investigation Department budget for investigation purposes within legal limits;

70.2.10. Represent the Air Accident Investigation Department to the public and the media.

Article 71. Investigator Qualifications and Powers

71.1. An investigator shall meet the following requirements:

71.1.1. Be a qualified pilot with an air transport pilot certificate or an aeronautical engineer, having completed investigator training and with practical experience in flight operations, airworthiness, air traffic services, or aviation management;

71.1.2. Have at least ten (10) years’ experience in the aviation sector in the fields set out in 71.1.1.

72.1. An investigator shall have the following powers:

72.1.1. Unrestricted access to accident site, evidence and facilities relevant to the accident or incident while performing official duties;

72.1.2. Require relevant persons and entities to provide necessary information, studies, descriptions and other evidence;

72.1.3. Other powers delegated by the Chief Investigator.

Article 73. Powers of the Inverstigator-In-Charge

73.1. The investigator-in-charge shall exercise the following powers:

73.1.1. Unrestricted access to the accident site and take full control of wreckage and real evidence;

73.1.2. Take custody of flight data and cockpit voice recordings and other evidence related to the flight, to interview witness or other persons with information that may be helpful for investigation;

73.1.3. Take all measures to protect evidence and prevent unauthorized access, loss or damage to wreckage and items at the accident site;

73.1.4. Report investigation progress to the Chief Investigator and propose safety recommendations based on identified causes and contributing factors;

73.1.5. Appoint observers and participants necessary for the investigation;

73.1.6. Prepare a preliminary investigation report;

73.1.7. Exercise other powers provided by law.

Article 74. Investigation Report

74.1. Before issuing a final report, the Air accident investigation department shall circulate a draft preliminary report to concerned organisations, cooperating States and relevant bodies to solicit comments.

74.2. Except where a competent authority determines that disclosure of confidential information is necessary for the investigation, draft reports and evidence shall not be disclosed or distributed for purposes other than those provided by law.

74.3. Investigation reports shall not be used as evidence in judicial or other proceedings to determine guilt or liability.

74.4. At any stage of investigation or after the investigation, no cockpit voice recorder or in-flight image recordings shall be made available to the public.

Article 75. Safety Recommendations

75.1. The Air accident investigation department may issue safety recommendations at any stage of an investigation to eliminate or mitigate conditions that could affect flight safety.

75.2. Safety recommendations shall be issued to the Minister, Director, relevant entities and to foreign States as appropriate.

75.3. Recipients of safety recommendations shall implement necessary measures and notify the Air Accident Investigation Department of actions taken.

75.4. If a recipient does not accept a safety recommendation in whole or in part, they shall immediately provide a reasoned explanation to the Air Accident Investigation Department.

Article 76. Reopening an Investigation

76.1. If, after the conclusion of an investigation, new evidence or circumstances arise that could change the outcome, the Chief Investigator may reopen the investigation.

CHAPTER NINE

ADMINISTRATIVE ACTIONS AND DISPUTE RESOLUTION

Article 77. Decisions on Suspension or Revocation of Certificates 

77.1. Where violations of this Law or the Civil Aviation Rules do not warrant criminal or summary penalties under the Criminal Code or Offences Law, the Director or State Inspector General may take the following measures:

77.1.1. Suspend a certificate or privilege for a period of fourteen (14) days up to two (2) months;

77.1.2. Revoke or annul a certificate or privilege;

77.1.3. Suspend the right of a person whose certificate or privilege has been revoked under

77.1.2 to apply for reinstatement for up to one (1) year;

77.1.4. Order that unlawful gains be forfeited to the State.

77.2. Except in emergency circumstances, the Director shall, prior to suspending, modifying or revoking a certificate, provide the certificate holder with an opportunity to be heard and to obtain legal assistance.

Article 78. Appeal Procedure

78.1. A person who considers that a certificate modification, suspension or revocation was made without basis may file a complaint to the next higher authority or official.

78.2 The higher authority or official receiving a complaint under 78.1 shall review the decision within the scope of applicable law and either uphold or annul and replace the decision.

78.3. The original decision maker may not appeal the higher authority’s decision under 78.2.

78.4. Where the certificate holder is not satisfied with the higher authority’s decision under 78.2, they may bring the matter to the court.

Article 79. Resolution of Professional Examination Disputes

79.1. Disputes concerning professional certificate and rating examinations shall be resolved as follows:

79.1.1. A person disputing an examination result shall apply for review of the result or re-examination to the head of the unit responsible for flight standards within thirty (30) days of the result release;

79.1.2. The request under 79.1.1 shall be reviewed and replied within five (5) days. If it is established that an improper evaluation occurred during the examination, the examiner shall be replaced and the applicant shall be granted a repeat examination  for free or replace examination result with the correct evaluations.

79.2. The result of the repeat examination under 79.1.2 shall be final for the purpose of deciding issuance of the certificate or rating.

Article 80. Resolution of Medical Certificate Disputes

80.1. Disputes concerning medical assessments and professional opinions that form the basis for medical certification shall be resolved in stages as follows:

80.1.1. If the applicant disagrees with an assessment by a designated medical examiner or senior examiner, the matter shall be referred to the aviation medical inspector for decision;

80.1.2. If dissatisfied with the aviation medical inspector’s decision, the applicant may appeal to the Aviation Medical Board. The Board’s conclusion shall be a binding basis for the final decision on issuance of the medical certificate.

Speaker of Parliament